Supreme Court of Texas

“But your client breached the agreement!” – declared a Fifth Circuit Judge while pounding a fist with each word.

“Respectfully, your honor, there never was an agreement for my client to breach.”

It was one of those moments that gave me flashbacks to those heated law school moot court practices that were aimed at preparing me for this type of exchange. Nonetheless, it was still rather daunting in real life.
Continue Reading Does Oral Argument ever make a difference?

After even a few years of practice, most attorneys have experienced that case that really should only reach a trial after a preliminary legal issue is decided. It just seems that the expense and time for trial is wasteful if ultimately, the controlling issue on appeal is the preliminary question before ever touching on the factual dispute. But Texas attorneys have been perplexed and frustrated when a court of appeals simply denies hearing that very case through a permissive interlocutory appeal.
Continue Reading Mother May I?

Recently, the Supreme Court of Texas released the final version for amendments to the Texas Rules of Appellate Procedure, namely Rule 53.2-.3, which provides the required contents of a petition for review and response to a petition for review. The Court added a new mandatory requirement that parties must include an introduction section.
Continue Reading The K.I.S.S. Method?